Terms of Use

1. Use of the website of DR. JOHANNES HEIDENHAIN GmbH (hereinafter referred to as: “HEIDENHAIN”) is governed exclusively by the following Terms of Use. Only in the case where a consideration-based contractual relationship already exists between the user and HEIDENHAIN (e.g. a supply or service contract) and the specific use of the web pages of HEIDENHAIN (the download or upload of files in particular) represents the provision of a service or the fulfillment of an obligation by HEIDENHAIN or by the user under the terms of that contractual relationship govern such usage.

2. The web pages of HEIDENHAIN are aimed exclusively and explicitly at entities operating within their commercial or freelance professional activity or acting as agents for such entities (companies in particular) and are not aimed at private end users, since HEIDENHAIN only offers products that are not intended for sale to private end users.

3. HEIDENHAIN may grant to the user certain rights relating to certain files on its web pages (files available for download in particular) or impose on the user certain obligations for handling the data concerned. The scope of the rights granted or the user obligations imposed relating to specific files ensues from paragraph 13 of these Terms of Use. Insofar as HEIDENHAIN is entitled to terminate the granting of rights (license agreement) for good cause, the user must permanently delete the files as well as all copies and edits immediately.

4. HEIDENHAIN has checked all files available for download prior to their being provisioned using the latest, standard virus scanners. Nonetheless, this does not fully eliminate the risk of computer viruses or an undetected intrusion into the web pages of HEIDENHAIN or any modifications to the data contained therein. The user is also obliged to run his own virus check on downloaded files prior to their execution or opening.

5. The user must check all downloaded files that he intends to use within his own productive environment prior to such use in a secure and shielded test environment, as HEIDENHAIN is unable to test the functionality of such files under all potential application conditions.

6. Insofar as HEIDENHAIN offers the user the option of transmitting, at his discretion, his own files (e.g. CNC control data, data logs from machine-tool controls, etc.) to HEIDENHAIN via the HEIDENHAIN web pages (upload), the customer hereby grants to HEIDENHAIN the irrevocable, non-exclusive, indefinite, objectively unconditional right to use such data. In particular, HEIDENHAIN is permitted to analyze and use such data (including editing) to improve HEIDENHAIN products. The customer shall ensure that transmitted files contain no personal data and shall take standard precautions (including the use of virus scanners) to check, insofar as these are potentially executable files (computer programs or usage data that may contain executable program codes), the transmitted files for viruses prior to their being uploaded.

7. HEIDENHAIN’s liability for the slightly negligent infringement of duties that are not key contractual duties, is ruled out in all cases. HEIDENHAIN’s liability for slightly negligent infringements of key contractual duties is limited to typical loss that can be foreseen when the contract is concluded, unless such loss ensues from death, physical injury or ill health. Key contractual duties are those whose fulfillment is required to enable the contract to be properly executed at all and upon which the contracting partner may regularly rely. Furthermore, statutory liability regulations, specifically exemptions of HEIDENHAIN’s liability for the provisioning of data free-of-charge (loan/gift), remains unaffected.

8. Insofar as HEIDENHAIN is linked to web pages of third-party websites, HEIDENHAIN makes no claim of ownership to the content of such linked pages.

9. The user is only authorized to access certain areas of HEIDENHAIN’s web pages if he has requested and received access data from HEIDENHAIN beforehand.

10. Insofar as HEIDENHAIN grants the option to enter personal data onto its web pages, such data is used purely for contacting the interested parties and will not be passed onto third parties.

11. German law shall govern to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The sole place of jurisdiction is Traunstein.

13. Documents in the public domain may only be reproduced and passed on to third parties by the user in their original state. However, extracts may be taken from the documents and employed in the user’s own product manuals. Use of these documents is free-of-charge. Safety instructions stated within documents must be observed.